Find Senior Care (City or Zip)
Join Now Log In
F
Freeda Asked May 2017

Is it legal for a guardian to secretly do a quit claim deed on his brother's home after he goes into a nursing home?

EXPERT K. Gabriel Heiser May 2017
The guardian is required by the court that appointed him to file accounts of all the transactions he did. That gives the family (and judge) an opportunity to review the account and file a complaint if something is not right. Thus, the guardian cannot LEGALLY do any transfers secretly.

igloo572 May 2017
Freeda - there's a lot of ? on this site regarding Quit Claim Deeds, you might want to search some of the older posts to get some insight on QCD.

"Legal" well that is totally interdependent on your states laws as to what needs to be done so that a QCD can be valid. And valid not just now but also later on if & when the property is to be sold to others. There is no set single answer. If you have concerns then you make an appt with an atty to discuss all this.

If the NH brother is on Medicaid, & he does a QCD to transfer his property, it will be problem for Medicaid. The entire assessor value of his property could be placed as a transfer penalty on him. Will make him ineligible for Medicaid. It will become a crisis situation for his care and could morph into APS issues for whomever is the DPOA and whomever did the QCD.

ADVERTISEMENT


ADVERTISEMENT

Ask a Question

Subscribe to
Our Newsletter